Dr. Dilip Kumar Sharma Vs. Ankam Nageswara Rao & Ors.
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Head Note
The Code of Civil Procedure, 1908 - Order IX Rule (13)
Ex parte Decree - Application for Setting aside - Dismissal of - Sufficient cause - Appellant and his two sons served in their capacity as legal representatives of their wife/mother respectively of the deceased sole defendant but they did not appear - Places where the legal representatives a great distance of more than 1000 Kms. - Travel not only time consuming, but also a matter of substantial expense - Moved an application for setting aside the ex-parte decree within five days of the suit being decreed - Ex-parte decree dated 19.10.2023 deserves to be set aside - Respondent has been put to great hardship and inconvenience, on account of non-appearance of the appellant, as also, his two sons before trial Court - Costs of one lac awarded to the respondent to be paid by the appellant and his two sons.
Topic(s)-Ex parte decree set aside